Bid to ban Union flag flying at NI courts fails

A NATIONALIST woman has lost her legal challenge to the flying of the Union flag at courthouses in Northern Ireland.

Lawyers for Helen McMahon, from Co Tyrone, claimed she is being unlawfully denied equal treatment by having the standard erected at full mast on designated days. But a High Court judge rejected arguments that the practice breaches a requirement in the Good Friday Agreement to ensure parity of esteem for both communities.

MrsJusticeKeegansaid:“Inmy view it is clear from all of this that the general principles of the Agreement were taken into account by the Secretary of State. This includes the concept of parity of esteem. No new facts have emerged.”

Ms McMahon centred her case on the Union flag being flown at her local courthouse in Omagh.

Her bid to secure a judicial review was then widened out to include all other court buildings.

In proceedings issued against the Secretary of State, she stated that she recognises and acknowledges the Irish tricolour as her national flag. Under current arrangements, according to her case, “the flying of flags in Northern Ireland does not reflect me as a member of the nationalist community on any level”.

Ms McMahon’s legal team arguedthatthepractice,contained in the Flags Regulations (NI) 2000 goes against the Agreement.

But the judge said: “The commitment to equality must be framed by virtue of the fact that Northern Ireland would remain part of the UK pending a decision by the people in relation to this. There has been no change to this constitutional position.”